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criminate vt.1.控告…有罪。2.證明…有罪;定罪。3.責備。短...

crimination

According to the principle of “ the synthetic distribution of punishment “ , the author poses the concept of “ the circumstance of distribution of punishment “ , and taking the error making method , compares the “ robbery of housebreaking “ with there circumstances : the criminate , the sentencing , and the distribution of punishment , it is conclude that the “ robbery of housebreaking “ should not be regarded as the circumstances of crime or the sentencing discretion , even though there are some barriers in the theory conclusions as a circumstance of distribution of punishment , so we can conclude that the “ robbery of housebreaking “ can not be considered as the legal circumstances , it must be the circumstance of distribution of punishment even if it is regarded as the legal circumstances . in the process of jurist and legislation , we must strictly grasp the approval standards of the “ house “ , recognize and deploy the legal sentence of “ robbery of housebreaking “ correctly , 根據“統一配刑論”的原理,筆者提出了“配刑情節”的概念,并采取歸謬法,將“入戶搶劫”同時置于定罪、量刑、配刑三種語境下進行比較,得出“入戶搶劫”既不應該是犯罪情節,也不可能是量刑情節,作為配刑情節也存在理論障礙的結論,進一步推斷出“入戶搶劫”不應該作為法定情節,即使作為法定情節也應該是配刑情節的結論,而且在司法和立法中應從嚴把握“戶”的認定標準,正確認識和配置“入戶搶劫”的法定刑,防止罪刑失衡,還對具體案件和審判實踐中要解決的幾個問題提供了參考方案。

The scholar commonly thinks that non - status person cannot make of the signal straight perpetrator . the sticking point of the joint crime of status of crime is how to criminate accomplices 身份犯作為一種犯罪類型,從其構成要件看,只有具有特殊身份者才能構成其單獨直接正犯。

What we must do is make sure that the positive ones are encouraged and the negative ones are criminated as far as possible 我們必須做到的是設法使積極的影響得到加強,盡可能消除消極的影響。揚長避短。

“ he burnt the sole evidence that could at all have criminated me . “他把那封能陷害我的唯一的信燒毀了。 ”